A while back, I wrote an article about timeshares for my state bar that you may find helpful. You can access it at: https://skidmorehales.com/article
Michael Hales' answer I'd be wary of any attorney that tells you this. I've practiced law in Florida for many years and when I've helped clients get out of a timeshare, they will often receive a 1099 when the timeshare cancels the loan/mortgage. However, if the loan that was cancelled was $13k, the form will also report that the value of the timeshare surrendered back to the timeshare company was worth $13k, meaning that the transaction is tax neutral. There are a lot of timeshare scams out there that spread...
Michael Hales' answer The easiest thing to do in this situation is go to your local social security office and start the process there. You may need to involve a lawyer to challenge your mother as payee for your brother, but I'd start with the local office and ask for their assistance first.
Michael Hales' answer Small timeshare resorts are often purchased by larger companies that seek to bring the new owners into compliance with their general policies. They can typically do this so long as the new ownership terms are not seriously different than those accepted when you signed your original document. Of the changes you listed, I think your first (changing how you are charged) may be the biggest issue and may allow you to cancel or find other relief. However, it will be impossible to know without...
Michael Hales' answer All states require the recession period to be in writing. I wrote about this an article for my state bar over a year ago with some tips that you and your attorney may find helpful. You can access it here: https://skidmorehales.com/article
It also has some advice on how to avoid the myriad of timeshare scams. Best of luck and please let me know if you or your attorney have additional questions.
Michael Hales' answer Unless your contract documents saying something to the contrary, the answer to this depends on if the new company has materially altered the terms of your prior agreement. Companies are generally allowed to increase maintenance fees, but only up to a reasonable amount (usually 2-5% per year). But I'd recommend having an attorney review the documents.
Answered on Nov 6, 2018
Michael Hales' answer If the timeshare is your only debt, I recommend contacting the timeshare developer directly or through an attorney to offer it back to them in return for a discharge of the debt you owe. They frequently agree to this when I approach them on behalf of clients.
Michael Hales' answer Although you don't have a writing, it appears that you have evidence that a contract was entered. It will now be an issue of forcing delivery. Please contact an attorney if you need assistance.
Michael Hales' answer It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here: https://skidmorehales.com/article
Michael Hales' answer I'd be happy to help. I did write an article about timeshare exit companies that you can find here: https://skidmorehales.com/article
The short of it is that timeshare exit companies tend to be scams. They ask for money up front and do little to help timeshare owners. In fact, they cause great harm by triggering the owner's default on fees/loans, meaning that their credit scores often take a hit. But please let me know if you have a more specific question.
Michael Hales' answer If Arizona's community property laws are like ours here in Idaho, you shouldn't have to sign off on anything. If the ex does not want the timeshare anymore, she can sign it over to your husband, or she can take it. Based on my experience with timeshares, I'd recommend trying to give it to her, but please let me know if you have questions about the process or options to clean up the ownership.
Michael Hales' answer It's possible, but title to timeshares are typically takes with both owners being joint and severally liable. Meaning that you are responsible to pay if he does not. I suppose that you could sue on equitable claims, but it may be difficult.
In these situations, clients have often hired me to make a deal with the other owner. I usually offer to give the timeshare to the ex or offer to take the timeshare off the ex's hands. Sometimes I've negotiated a price during these, but that will...
Michael Hales' answer I would probably have to review the agreement, but in most cases, these can be cancelled by having an attorney contact the collection agency. Please let me know if you have any questions about this process.
Michael Hales' answer Yes, all fees must be returned to the purchaser. The association, however, is permitted at times to retain the value of any promotional items given to you at the sales presentation.
And if I understand your second question correctly, then yes, the new purchase contract would be rescinded as well. But having an attorney review your contract and rescission letter might be useful to ensure that everything was in order.
Michael Hales' answer If it's sufficiently severe, then yes, it would be actionable. The question is whether the gossiping would be objectively hostile. You'll want to review the facts with an attorney.
Michael Hales' answer There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.
Michael Hales' answer I had a client who listed these with their real estate holdings. When the timeshare is alerted that you have filed for bankruptcy, you will have the ability to give the timeshare back to the resort. I'd recommend this because I had a client who did not do this. And while her existing maintenance fee bills were extinguished when she filed for bankruptcy, those annual maintenance fee bills accrued while the bankruptcy was pending. When she came out of bankruptcy, she had very large bills that she...
Michael Hales' answer Timeshare companies will allow the sale of the timeshare so long as it is paid in full. You execute a deed to effect the transfer on the public records AND you work with the timeshare company to effect the transfer on their records.
If the timeshare is not paid in full, the timeshare company may allow the transfer if the buyer has the appropriate credit worthiness and can assume the balance of the loan.
The best way to do this is by working directly with the timeshare company....
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